Effective May 18, 2020.
We hope that you find Kindlywired engaging, illuminating, and fun. To make sure everyone enjoys the Services, we need everyone to abide by some basic rules. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
In order to use and access the Services, you must be 18 years or older, and you must have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws in your jurisdiction. You also represent that any information you submit to us or the Services is true, accurate, current, complete, and lawful.
You may not use or access the Services if we have previously suspended or removed you from the Services, or if your registration or your use of the Services is not in compliance with any and all applicable laws and these Terms. Also, you may not use the Services if your use would cause us to violate any applicable laws or regulations.
Kindly Wired reserves the right to terminate your access to or suspend or remove you from the Services at any time, for any reason or no reason, without penalty and with or without notice to you.
2. Your Use of the Services
Kindly Wired grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
- license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
- reproduce, duplicate, copy, modify, adapt, translate, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content;
- access the Services or Content in order to build a similar or competitive website, product, or service, unless expressly permitted in a separate agreement between you and Kindlywired.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. These Terms, which may be updated from time to time, will govern any future release, update, or other addition to functionality of the Services. We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
3. Your Kindlywired Account and Account Security
You are responsible for all content posted and activity that occurs under your Account. You will maintain the security of your Account, and Kindlywired cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You will promptly notify Kindlywired if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Services.
4. Your Content and Other User Content
The Services may contain information, text, links, graphics, photos, audio, videos, or other materials (“Content”). Content that you create with or submit to the Services through your Account is “Your Content.” You are solely responsible for your use of the Services and for any of Your Content that you post, upload, link to or otherwise make available via the Services, regardless of the form of that Content. We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
If you post, publish, share, or otherwise disclose Content on the Services, including to a forum or your profile, third parties may access and use the Content in compliance with our Terms of Service. We may not have control over Your Content once you provide it to the Services. You should only provide Content to the Services that you are comfortable sharing with others.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to host, use, distribute, modify, run, copy, adapt, publicly perform or display, translate, and create derivative works of Your Content in any and all media or distribution methods now known or later developed.
You also give us permission to use your name, username, profile picture, and information about actions you have taken on the Services next to or in connection with ads, offers, and other sponsored content that we display on the Services, without any compensation to you.
This license includes the right for Kindlywired to make Your Content available for syndication, broadcast, distribution, promotion, or publication by other companies, organizations, or individuals who partner with Kindlywired. Such additional uses by Kindlywired, or other companies, organizations, or individual, is made with no compensation paid to you, as your use of the Services is hereby agreed as being sufficient compensation for Your Content and grant of rights herein.
You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
If you submit ideas, suggestions, or feedback (“Feedback”) about the Services or Kindlywired to us, you agree that such Feedback is voluntary, and Kindlywired may use such Feedback for any purpose without compensation or obligation to you.
We have no obligation to monitor, filter, or edit Your Content or Content submitted by other users of the Services. However, we may, in our sole discretion, delete or remove Your Content or any other Content at any time and for any reason, including for a violation of these Terms or if you otherwise create liability for us.
5. Third-Party Content, Advertisements and Promotions
6. Prohibited Uses
When accessing or using the Services, you will not:
- create or submit Content that is illegal; encourages or incites violence; threatens, harasses, or bullies or encourages others to do so; is libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, or indecent; is private or confidential information; impersonates an individual or entity in a misleading or deceptive manner; is spam; or is false, misleading, or fraudulent.
- attempt to circumvent any content-filtering technologies, devices, or techniques we use on the Services.
- use the Services to violate applicable law or infringe any person or entity's intellectual property or any other proprietary rights.
- attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services).
- upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data.
- use the Services to harvest, collect, gather, or assemble information or data regarding the Services or users of the Services except as permitted by these Terms or in a separate agreement with Kindlywired.
- use the Services to solicit any personal or private information from any individual to the extent such request is not consistent with the networking goals of the Services.
- use the Services to solicit money, goods, or services for private or commercial gain, unless expressly permitted in a written agreement between you and Kindlywired.
- use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner.
- intentionally interfere with any user's actions to delete or edit their Content on the Services.
- access, query, or search the Services with any automated system, other than through our published interfaces; except that we conditionally grant permission to crawl the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials subject to the parameters set forth in our robots.txt file.
7. DMCA and Content Removal
If you believe that anything on our Services infringes a copyright that you own or control, you may notify Kindlywired’s Designated Agent at:
Liftup Media, LLC
1752 NW Market St #4590
Seattle, WA 98107
Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of the location of the infringing material (for example, the URL or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
- a written statement by you that you have a good-faith belief that the copyright owner, its agent, or the law does not authorize the use of the copyrighted work; and
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If your notice fails to comply with the requirements of the DMCA, the notice will not be considered sufficient to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Kindlywired for certain costs and damages.
If we remove Your Content in response to a copyright or trademark notice, we will notify you. If you believe we incorrectly removed Your Content, you can send a counter notification to our Copyright Agent (contact information provided above). Please refer to 17 U.S.C. §512(g)(3) for the requirements of a proper counter notification.
You may request that we remove other objectionable Content and submit complaints against particular users by contacting us at email@example.com. Kindlywired, in its sole discretion and in accordance with these Terms and applicable law, will attempt to review such requests and to remove Content and users that we, in our sole discretion, determine should be removed. However, we have no obligation to review all such complaints and do not guarantee that we will take any action in response to such complaints. Please note that if Content has already been distributed to other websites or published in other media, we may be unable to retrieve and delete it. We reserve the right to retain a back-up or residual copy of the Content, even if we remove the Content from the Services.
8. Our Intellectual Property
All content and functionality on the Services, including, without limitation, visual interfaces, text, graphics, logos, design, information, icons, images, services, content, audio, videos, downloadable or supplementary materials, and all other elements of the Services, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to, or selection, arrangement, or derivative works thereof (the “Services Materials”) is the exclusive property of Kindlywired or its licensors and, to the extent applicable, is protected by U.S. and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Services are the registered and unregistered Trademarks of Kindlywired and its licensors. We ask that you use our Trademarks only for purposes of attributing to us any content that we permit you to share under these Terms. You agree that, except as expressly permitted by us or by our licensors, you will not use Kindlywired’s Trademarks for advertising or promotion purposes and that you will not imply any endorsement by or relationship with Kindlywired or its licensors.
If you have a dispute with one or more other users of the Services, you agree to release Kindlywired from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third party service providers and our officers, employees, licensors, and agents (the “Kindly Wired Entities”) harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content.
We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Your access to and use of the Services or any Content are at your own risk.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KINDLYWIRED, ITS LICENSORS, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. KINDLYWIRED DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. KINDLYWIRED ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, BUT WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, OR ANY OTHER GRIEVANCE, WILL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
12. Limitation of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE KINDLYWIRED ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE KINDLYWIRED ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID KINDLYWIRED IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE KINDLYWIRED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13. Governing Law and Venue
Prior to initiating a legal proceeding, you agree to raise issues and disputes with us informally so that we can try to resolve them with you. Please reach out to us with feedback and concerns by emailing us at firstname.lastname@example.org.
Any claims arising out of or relating to these Terms or the Services will be governed by the laws of the state of Washington, other than its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Seattle, Washington; and you consent to personal jurisdiction in these courts.
14. Changes to these Terms
We may make changes to these Terms from time to time and at any time. If we make changes, we will post the amended Terms to our Services and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account or by otherwise providing notice through our Services.
By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective
You may terminate these Terms at any time and for any reason by requesting deletion of your Account and discontinuing your use of the Services. We may suspend or terminate your Account or ability to access or use the Services at any time for any or no reason, including for a violation of these Terms.
The following sections will survive any termination of these Terms or your Account: 4 (Your Content), 6 (Prohibited Uses), 8 (Our Intellectual Property), 10 (Indemnity), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Governing Law and Venue), 15 (Termination), and 17 (Miscellaneous).
You consent to receive communications from us in an electronic form via the email address you have provided in your Account or otherwise submitted on the Services. You also agree that the Terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.
These Terms constitute the entire agreement between you and Kindlywired regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.
Liftup Media, LLC
1752 NW Market St #4590
Seattle, WA 98107